Stop and Search (Overview on Police Powers) Flashcards
What does PACE 1984 set out for Police powers?
PACE 1984 Sets out the Framework of police powers in terms of:
Stop and search
Detention
Arrest
Interviewing
What does PACE aim to regulate?
It aims to regulate:
Police practices by balancing police powers and safeguarding suspects
What does PACE 1984 outline?
The setting out of powers of the police and procedures they must follow In relation to offences, arrest and detention
What other powers does PACE 1984 set out?
Sets out powers to stop and search people or vehicles where an officer has reasonable grounds for suspecting possession of stolen or prohibited goods
What right does PACE 1984 give the suspect?
Allows a suspect the right to have a solicitor present and to say nothing to the police (element of safeguard between parties)
What does PACE 1984 introduce?
Safeguarding, regarding the questioning of suspects
Requirement to tape record an interview and;
To have complete account of the entire interview
What power does Section 1 PACE 1984 give the police?
Gives the police the right to stop and search people and vehicles in a public place
Section 1 PACE 1984 give the police
Gives the police the right to stop and searchpeopleandvehiclesin a public place
But when can they use this power?
If the police officer has reasonable grounds for suspecting that the person is in possession of or the vehicle stopped contains
Stolen goods
Prohibited articles
Prohibited articles:
Items such as offensive weapons and articles for use on connection with theft or burglary
What did the Terrorism act (2000) allow for police to perform?
Allows police to Stop & Search anyone within a particular area when there is intelligence regarding an imminent attack
What are the 3 acts that allow for police to perform a work and search?
S1 Police and Criminal Evidence Act 1984 (PACE)
S60 Criminal Justice and Public Order Act 1994
S(s)44/47A Terrorism act 2000
“Searching people in a public place”
What does public mean?
What ground must their be for “…” (Title of FC)?
Public place means
Streets
Areas (Car parks)
Gardens (If the PO has a good reason)
2) A “Reasonable” Ground
“Searching people in a public place”
Provide an example of Reasonable grounds
Fitting the description of the suspect or whiteness I’m a crime
A crime has occurred nearby
You are suspect of carrying prohibited articles e.g weapons, drugs
Prohibited articles
Section 1 of PACE 1984
Offensive weapons
An article made or adopted for use in connection with one of the list of offences:
Burglary
Theft
Taking a vehicle without authority
Obtaining property by deception and criminal damage
Prohibited articles
Section 1 of PACE 1984
What other prohibited article can police search for?
Adult fireworks
Searching people in a public place
Factors
Police must not stop only on basis of personal factors
Police are allowed to is reasonable force in stop and search where the suspect is unwilling to cooperate
Stop and search must be carried out with courtesy, consideration and respect for the individual
What section allows for “Reasonable force”?
What case law can this be linked to?
S117 PACE 1984,
“Police are allowed to use reasonable force on a suspect during a search, such as using handcuffs to detain them for the purposes of the search”
(Wood V DPP handcuffs)
Reasonable force
Wood V DPP (2008)
A man threw an asthtray in a pub.
Police officer took hold of Wood who matched the description.
Wood tried to pull away, so another officer grabbed his other arm.
D challenge the conviction for obstructing a police officer and threatening behaviour.
Officer taken hold of him to restrain him, not intending to arrest, but to establish the warrant
He the struggled to escape and was arrested
Held:
Appeal succeeded. At the time when he stopped the Appellant, the officer had no power of arrest
Two questions were asked
(i) Was the court right to conclude that the officers were acting in the execution of their duty?
(II) Must a police officer when exercising a power of arrest, intend to exercise that power of arrest and believe that he did have the power to arrest?
Unreasonable grounds to stop and search?
Protected characteristics
The way you look, dress, or speak
A prior conviction for a crime
Unreasonable grounds to stop and search?
What might a police officer stop and ask you?
Your name
What your doing in the area
Where your going
Subject does not need to answer these questions, the police can’t stop and search you if you decline to answer
Unreasonable grounds to stop and search
Rice V Connolly (1996)
A member of the public was considered to be behaving suspiciously in an area where several burglaries had occurred.
The police questioned the individual, he refused to answer
His conviction for obstructing a police officer in the execution of his duty was overturned, and it was confirmed that members of the public are not under any obligation to answer questions
Searching people in a public place
What does S2 PACE (Suspect rights) outline?
Officer has to give their name and their station
Police must state the reason for the search
If the search is in public, police can only ask the subject to remove their outer coat jacket and gloves (S2 (9))
Suspect is entitled to receive a copy of the search record (C12)
Searching people in a public place
S2 PACE Suspect rights
Michaels V Highbury corner Magistrates Court (2009)
Micheal first tried to hide from police
Then walked to officers while putting something in his mouth
Officer asked him to open his mouth, he did, they saw a wrap of drugs
The officers did not give their name or station
He was charged with “Obstructing the police” he was convicted at the MC
he appealed on the basis that
“Police had not taken reasonable steps to inform him of their names and station before the search began”
Court allowed the appeal and quashed the conviction
Police and Criminal Evidence Act 1984 S.2(2)
What are the reasonable steps a constable must take before performing a search?
(I) If he is not in uniform, documentation evidence proving that he is a constable and;
(ii) whether he has his uniform or not
(The constables name and police station, the object of the search, the constable grounds for proposing to make it, and the persons right to keep a written record of these matters)
Police and Criminal Evidence Act 1984 S.2(2)
Osman V DPP (1999)
Authorisation had been given under S.60 of the 1994 Act for persons attending the Mile End Park Fair to be searched for weapons.
Osman approached the fair and was stopped by police officers, who intended to search him;
Osman was uncooperative and was subsequently convicted of assaulting a police officer in the execution of his duty
Held:
Sedley LJ:
“Statutory powers to stop and search are strictly governed by S2 of the Police And Criminal Evidence Act 1984; as the officers had not given Osman their names and station, the search was unlawful even though they could have been identified by their shoulder numbers
His conviction was quashed
If the suspects rights are breached is the stop and search lawful or unlawful?
Unlawful
Searching Vehicles (PACE 1984)
Allows police to detain and search a vehicle in a public place for stolen goods or offensive weapons (Same reasonless grounds must be met)
Searching Vehicles (PACE 1984)
What can a police officer do when stoping a vehicle?
Ask the driver for driving documents (not a stop and search)
Searching Vehicles (PACE 1984)
When does this part of the act become a stop and search?
Becomes a stop and search if:
A search is carried out out of a vehicle or;
The driver or any passengers
Searching an arrested person
What are the Police rights of a search on an arrest?
When a person has been arrested the police have a right to search that person for anything which might be used to help an escape or anything which might be evidence to an offence
Custody officer has a duty to record everything that person has with them brought into the police station
Searching an arrested person
What does Code C Of PACE define a strip search as?
Involving the removal of more than outer clothing (Code C of PACE)
Searching an arrested person
A strip Search can only take place when?
If the person refused to remove an article to which they should not be allowed or if they might have a concealed article on their person
Searching an arrested person
Strip searches should?
Take place in private areas
Be carried out by someone of the same sex
Maintain the persons dignity (Top removed, but back on, Trousers removed, put back on)
Searching an arrested person
What is an Intimate Search?
Who should carry one out?
A search involving the physical examination of a persons body orifices other than the mouth
A doctor or, a nurse or a high ranking officer
Searching an arrested person
Intimate searches
A high ranking police officer can authorise an intimate search if there is a reason to believe the person has with them
“An item which could cause injury to self and others or a Class A Drug”
Powers to stop and search (PACE 1984, Section 1)
What are the procedures for a stop and search and which section can it be found in?
Key
PO = Police Officer
Key
PO = Police Officer
S2 PACE 1984
Acronym if GOWISELY
G: Officer should haveReasonable GROUNDSbefore stopping the person
O: Officer should inform the person of theOBJECTof the search or reason
W: PO in plain clothes, PO should produceWARRANTcard for individual to inspect
I: Officer should share theirIDENTITYby providing their name
S: Officer should share theSTATIONthey work at
E: Officer should explain that the person isENTITLEDto a record of the stop and search
L: Officer should state where theLEGALright to stop and search comes from (S1 PACE 1984)
Y: Inform the person “YOUare being detained for a search
(ADVANCED DEFINITION)
What does “Reasonable grounds” mean?
officer mustgenuinely suspectthat they will find the item they are searching for.
It must beobjectively reasonablefor them to suspect this given the information they had
(ADVANCED)
Reasonable grounds cannot be based on?
Your physical appearance
Being part of a category of people or;
Generalisations or stereotypes
